N.Y. Comp. Codes R. & Regs. tit. 5 § 102.14

Current through Register Vol. 46, No. 50, December 11, 2024

Section 102.14 - Variances

The board may, upon written application from any business concern, grant a variance from one or more specific rules or regulations, consistent with the following:

(a) Any application for a variance hereunder must:

(1) identify the specific rule or regulation from which a variance is sought; and

(2) demonstrate that the application of the identified rule or regulation would, on the basis of conditions unique and peculiar to the applicant's particular situation, have the effect of preventing an applicant from receiving benefits which, in view of the overall intent of the job incentive program, should be available to the applicant.

(b) In granting any variance hereunder, the board may impose specific conditions reasonably necessary to assure that the facility for which eligibility is sought will create or retain jobs consistent with the statutory provisions of the job incentive program, the purpose of these rules and regulations, and the performance expected from application of these rules and regulations.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 102.14